Select Country

Select a country to view information on local trademark law


Countries
A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
EUIPO  WIPO
AIPO/OAPI  ARIPO
Enter Client Voucher:   Info
SEARCH
TRADEMARKS
FOR FREE
+
+
TMZOOM

Services Firms

Check IP services firms here

Feedback

Please report us if any of this content needs an update


Law Firms and
IP Consultancies

For legal advice please contact:

AWA
Hong Kong , Hong Kong (HK)
More info

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Hong Kong (HK)

Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:

     General Trademark Regulations
     Trademark Use Requirements
     Grace Period for Trademark Renewal
     Trademark Licensing

If you like to purchase all available information for this country, click the order button.
The total price is 49.00 EUR. A PDF-Download will be sent to you electronically.

Jul 23, 2020 (Newsletter Issue 12/20)
Preparation for Accession to Madrid Protocol
On June 19, 2020, Hong Kong gazetted the Trade Marks (Amendment) Ordinance, paving the way for the application of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) in Hong Kong. This follows on from the outcome of a public consultation conducted back in 2014.

Following the enactment of the Ordinance, the Hong Kong government will press ahead with relevant preparatory work for the implementation of the Protocol, including preparing subsidiary legislation to provide for the relevant procedural details, setting up a dedicated information technology system and obtaining the agreement of the central government to seek application of the Protocol to Hong Kong. Subject to the progress of this preparatory work, the local government aims to implement the Protocol in Hong Kong as soon as possible.


Source: www.nortonrosefulbright.com

Mrz 31, 2015 (Newsletter Issue 5/15)
Official Fees Increased
The Intellectual Property Department of Hong Kong has revised the official fees for various trademark matters with effect from March 30, 2015.

The new official trademark filing fee is HKD 2,000 for the first class and HKD 1,000 for each additional class.

Source: Wilkinson & Grist, Hong Kong


Apr 10, 2010 (Newsletter Issue 9/10)
Issuing of Notices of Deficiency
With effect from 19 February 2010, if the application fees of trade mark applications have not been paid at the time of filing, the Trade Marks Registry will issue the notices of deficiency in respect of the non-payment of application fees first. If the application fees are paid within the prescribed period, the Trade Marks Registry will process the applications and if there are other deficiencies in respect of the applications, they will issue further notices of deficiency as required. If payment is not paid within the prescribed period, the applications concerned will be treated as abandoned.

Source: www.ipd.gov.hk/eng

Legal basis is the Trade Marks Ordinance, Cap. 559 (TMO) in force since April 4th, 2003.
Even after the commission of Hong Kong to China, Hong Kong and China maintain independent laws and there is a separate trademark law in Hong Kong (i.e. TMO). IP rights registered in Hong Kong will not be automatically protected in China, and vice versa. The principles of “common law” apply.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition so to establish common law rights.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, Slogans, acronyms, letters, numbers, devices, emblems, holograms, movement marks, patterns, colours, combination of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, any combination of the mentioned signs and sound marks and smell marks.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks and defensive marks.
The application is filed at the Trade Marks Registry.
Multiple-class applications are possible.
Foreign applicants need an address for service in Hong Kong.
A power of attorney is not necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use before the date of application for registration.
The processing time from first filing to registration is approx. 9 to 12 months. The first office action is issued after approx. 2 months.
Prior to registration, the trademark application is published in the “Hong Kong Intellectual Property Journal”.
National:
The opposition period is 3 months minus 1 day from the date of publication of the trademark application.
A trademark registration is valid for 10 years from the date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official trademark filing fee is HKD 2,000 (approx. USD 260) for the first class and HKD 1,000 (approx. USD 130) for each additional class. The official Trademark filing fee for a defensive Trademark is HKD 2,300 (approx. USK 298) for the first class and HKD 1,150 (approx. USK 150) for each additional class. There are no additional official fees for publication and registration.

Currency Converter   (Source for exchange-rates: bankenverband.de)
Find out how much this is in your own currency and convert!

Initial currency

Amount
left-to-right wrrow
convert into
Target currency

Amount

Practical details on trademark licensing are available in our publication here
SMD Group thanks the following law firms for their assictance in updating the information provided.

Sep 25, 2020
Wenping & Co., Hong Kong, Hong Kong



AWA

AWA Asia Limited
Suite 901, Lee Gardens One, 33 Hysan Avenue
Causeway Bay
Hong Kong

Intellectual Property Department of Hong Kong Special Administrative Region of China
24th Floor, Wu Chung House
213 Queenʼs Road East
Wan Chai
Hong Kong
Tel + 852 29 61 69 01 / 852 25 74 43 45
Fax + 852 28 38 60 82
Mail enquiry@ipd.gov.hk
www.ipd.gov.hk